The University of Mississippi Medical Center v. Enoch Oliver

MAXWELL, JUSTICE,

FOR THE COURT:

¶ 1. This is an interlocutory appeal of the denial of summary judgment. The circuit court ruled Enoch Oliver could proceed to trial with his malicious-prosecution claim against University of Mississippi Medical Center (UMMC) and two of its law-enforcement officers, Syrone McBeath and David Stewart. But after de novo review, we disagree.

¶2. As a matter of law, malice-based torts do not fall under the Mississippi Tort Claims Act’s sovereign-immunity waiver. So Oliver has no malicious-prosecution claim against UMMC or its employees in their official capacity.…